Thiessen v. United States Department of Agriculture et al
Filing
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STIPULATION and ORDER 28 of Dismissal with Prejudice, signed by Judge Morrison C. England, Jr., on 6/20/11. The matter having been resolved in its entirety, the Clerk is directed to close this file. CASE CLOSED(Kastilahn, A)
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BENJAMIN B. WAGNER
United States Attorney
LYNN TRINKA ERNCE
JASON EHRLINSPIEL
Assistant United States Attorneys
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2700
Facsimile: (916) 554-2900
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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PATRICIA C. THIESSEN,
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Plaintiff,
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CASE NO. 2:09-cv-00789 MCE EFB
v.
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STIPULATION AND
ORDER OF DISMISSAL WITH
PREJUDICE
UNITED STATES OF AMERICA,
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Defendant.
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It is hereby stipulated by and between plaintiff Patricia C. Thiessen (“PLAINTIFF”) and the
UNITED STATES OF AMERICA (“UNITED STATES”) as follows:
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PLAINTIFF does hereby agree to settle and compromise each and every claim of any
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kind, whether known or unknown, arising directly or indirectly from the acts or omissions that gave rise
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to the above-captioned action under the terms and conditions set forth in this Stipulation.
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2.
The UNITED STATES agrees to pay to PLAINTIFF the sum of Six Thousand Two
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Hundred Twenty Five Dollars ($6,225.00), which sum shall be in full settlement and satisfaction of
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any and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from,
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and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal
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injuries, loss of consortium, damage to property and the consequences thereof, resulting, and to result,
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from the subject matter of this action, including any claims for wrongful death, including but not
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limited to any and all claims arising out of the subject matter of the litigation which PLAINTIFF or her
SETTLEMENT STIPULATION; ORDER
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guardians, heirs, executors, administrators, or assigns, and each of them, now have or may hereafter
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acquire against the United States, its agents, servants, and employees.
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3.
Plaintiff and her guardians, heirs, executors, administrators or assigns, agree to accept
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the $6,225.00 in full settlement and satisfaction of any and all claims, demands, rights, and causes of
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action of whatsoever kind and nature, including claims for wrongful death, arising from, and by reason
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of, any and all known and unknown, foreseen and unforeseen bodily and personal injuries, damage to
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property and the consequences thereof which they may have or hereafter acquire against the UNITED
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STATES, its agents, servants, and employees on account of the same subject matter that gave rise to the
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above-captioned action, including any future claim or lawsuit of any kind or type whatsoever, whether
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known or unknown, and whether for compensatory or exemplary damages. Plaintiff and her
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guardians, heirs, executors, administrators or assigns further agree to reimburse, indemnify and hold
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harmless the UNITED STATES and its agents, servants and employees from and against any and all
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causes of action, claims, liens, rights, or subrogated or contribution interests incident to or resulting
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from further litigation or the prosecution of claims arising from the subject matter of this action against
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any third party or against the UNITED STATES, including claims for wrongful death.
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4.
PLAINTIFF expressly waives any rights or benefits available pursuant to Section 1542
of the Civil Code of the State of California, which provides as follows:
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A general release does not extend to claims which the creditor does
not know or suspect to exist in his or her favor at the time of executing
the release, which if known by him or her must have materially
affected his or her settlement with the debtor.
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The parties understand and agree that this Stipulation shall act as a release of future claims that may
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arise from the subject matter of the above-captioned action, whether such claims are currently known,
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unknown, foreseen or unforeseen. The parties understand and acknowledge the significance and
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consequences of the specific waiver of section 1542 and hereby assume full responsibility for any
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injury, loss, damage or liability that may be incurred hereafter by reason of or related to the subject
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matter that gave rise to this action.
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5.
This Stipulation is not, is in no way intended to be, and should not be construed as, an
admission of liability or fault on the part of the UNITED STATES, its agents, servants, or employees,
SETTLEMENT STIPULATION; ORDER
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and it is specifically denied that they are liable to PLAINTIFF. This settlement is entered into by
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PLAINTIFF and the United States for the purpose of compromising disputed claims under the Federal
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Tort Claims Act and avoiding the expenses and risks of further litigation.
6.
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The parties agree that they will each bear their own costs, fees, and expenses; that any
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attorney’s fees owed by PLAINTIFF shall not exceed 25% of the settlement amount (28 U.S.C. § 2678)
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and will be paid out of the settlement amount and not in addition thereto; and that all outstanding or
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future bills and liens will be the sole responsibility of PLAINTIFF.
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Payment of the settlement amount from the UNITED STATES will be made by check
drawn on the Treasury of the United States for $6,225.00) and made payable to “Patricia C. Thiessen”
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The check will be mailed to PLAINTIFF at 212 East Lake, Mt. Shasta, CA 96067. PLAINTIFF’s
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taxpayer ID number is xxx-xx-7440.
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required to carry out the terms of this Stipulation.
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The parties agree to execute and deliver such other and further documents as may be
Each person signing this Stipulation warrants and represents that he or she possesses full
authority to bind the person[s] on whose behalf he or she is signing to the terms of the Stipulation.
10.
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Each person signing this Stipulation warrants and represents that no promises,
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inducements, or other agreements not expressly contained herein have been made; that this Stipulation
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contains the entire agreement between the parties; and that the terms of this Stipulation are contractual
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and not mere recitals. This Stipulation may not be altered, amended, modified, or otherwise changed in
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any respect, except by a writing duly executed by the party to be charged. All prior oral understandings,
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agreements, and writings are superseded by this Stipulation and are of no force or effect.
11.
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Each person executing this Stipulation represents that he or she has read and understands
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its contents; that he or she executes this Stipulation voluntarily; that he or she has not been influenced
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by any person acting on behalf of any party.
12.
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This Stipulation may be executed in counterparts. All such counterparts and signature
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pages, together, shall be deemed to be one document.
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///
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SETTLEMENT STIPULATION; ORDER
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13.
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Upon approval by the Court as provided below, PLAINTIFF’s action against the
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UNITED STATES is hereby DISMISSED WITH PREJUDICE in its entirety and the Clerk of the
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Court is requested to enter this dismissal and release in the official docket and to close the case.
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Notwithstanding the entry of a dismissal herein, the parties agree that that the Honorable
Morrison C. England, Jr. shall retain jurisdiction to enforce the terms of this compromise settlement.
Respectfully submitted,
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DATED: June 9, 2011
BENJAMIN B. WAGNER
United States Attorney
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By:
/s/ Lynn Trina Ernce
JASON EHRLINSPIEL
LYNN TRINKA ERNCE
Assistant United States Attorney
By:
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/s/ Patricia C. Thiessen
PATRICIA C. THIESSEN
Plaintiff
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DATED: June 9, 2011
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ORDER
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IT IS SO ORDERED. The matter having been resolved in its entirety, the Clerk of Court is hereby
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directed to close this file.
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Date: June 20, 2011
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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:
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SETTLEMENT STIPULATION; ORDER
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